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AIKEN v. UNITED STATES

No. 71 Civ. 5328.

358 F.Supp. 87 (1972)

Leonard AIKEN, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S. D. New York.

October 24, 1972.

Attorney(s) appearing for the Case

Jay Goldberg, New York City, for petitioner.

Whitney North Seymour, Jr., U. S. Atty. by Edward J. Kuriansky, Asst. U. S. Atty., New York City, for respondent.

Memorandum Opinion on Motion To Vacate First Conviction

MOTLEY, District Judge.

Petitioner, pursuant to 28 U.S.C. § 2255, petitions the court to vacate his first conviction in 1953 for violations of the federal narcotics and marijuana laws. [21 U.S.C. §§ 173, 174 and 26 U. S.C. §§ 2590, 2593(a).] At that time, the court was required to impose a minimum sentence of two years for a first conviction. The maximum sentence which could...

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